1. The defendant's compulsory execution against the plaintiff was made based on the payment order in the loan case No. 2007 tea8174 against the plaintiff.

1. Basic facts

A. On March 16, 1999, the Plaintiff’s former spouse C borrowed KRW 9 million from the Defendant as the due date on July 16, 1999, and the Plaintiff jointly and severally guaranteed C’s obligation to the Defendant.

B. The Defendant filed an application against the Plaintiff for a payment order claiming the payment of guaranteed debts with the Incheon District Court 2007 tea8174.

On May 17, 2007, the above court issued a payment order (hereinafter “instant payment order”) that “the Plaintiff shall pay to the Defendant KRW 9,00,000,000 and the amount, etc. calculated at the rate of 20% per annum from June 1, 2017 to the date of full payment” (hereinafter “instant payment order”). The Defendant’s claim against the Plaintiff is “the instant claim” or “the instant obligation,” and the above payment order was served to C on May 31, 2007 (the Plaintiff was served as the Plaintiff’s spouse), and was finalized on June 15, 2007.

C. On August 16, 2007, the Plaintiff filed an application for bankruptcy and immunity with the Incheon District Court Decision 2007Hadan9500 and 2007Ma9562, and the decision to grant immunity on July 14, 2009 (hereinafter “instant decision to grant immunity”). The decision to grant immunity became final and conclusive on July 29, 2009.

The defendant did not enter in the list of creditors in the above bankruptcy and immunity application.

【Ground of recognition】 The fact that there is no dispute or significant fact in this court, Gap evidence 1 through 8, 12, 16 through 18, Eul evidence 2 (including branch numbers, if any) and the purport of whole pleadings

2. Determination

A. According to the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Bankruptcy Act”), a debtor, upon whom bankruptcy and immunity is granted, is exempted from all of his/her obligations to a bankruptcy creditor except dividends pursuant to bankruptcy procedures, and thus, a bankruptcy claim that is not entered in the list of creditors of the application filed for immunity is also subject to immunity.

As seen earlier, the Plaintiff filed for bankruptcy and exemption from immunity and received immunity from immunity from the instant case. Therefore, even if so, the Plaintiff did so.